The Eleventh Circuit Court of Appeals has determined that Florida’s “Engle” litigation framework—under which a plaintiff may rely on a former class action’s generic jury findings about nicotine cigarettes to establish a particular tobacco company’s strict liability and negligence—effectively operates as a state ban on cigarettes. The court reasoned that such a ban contravenes Congress’s aim to regulate, but not ban cigarettes, and is thus preempted by federal law. See Graham v. R.J. Reynolds Tobacco Co., No. 13-14590, 2015 U.S. App. LEXIS 5657 (11th Cir. Apr. 8, 2015).
April 13, 2015 - Categories: Legal Developments